Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Accused acquitted on grounds : (a) Accused a female and provision of S.50(4) of the Act violated; (b) Seal after use retained by DSP which creates a serious doubt regrading recovery having been effected from the spot; (c) Delay of 40 days in sending sample for analysis is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Non-compliance of S.50(4) of the Act - Accused was a lady, she cannot be searched by anyone except a female - No doubt police official had been sent to bring a lady constable but neither recovery was effected in her presence nor she has been examined to prove that search was conducted by a female -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of poppy husk - Secret information - Neither said information is recorded nor it has been sent to higher authorities - None of the witnesses has stated that information is recorded - There is clear violation of mandatory provision of S.42(2) of the Act, which vitiates the prosecution case -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of contraband - Conviction - Validity - Recovery of three packets of ganja from bag and 20 kg from Jhola of appellant - Contradiction in testimony of witnesses as to location of appellant as well as with regard to his connectivity with ganja so seized - I.O. failed to disclose process of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Total non compliance with the provision of S.42 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Total no, compliance of requirements of S.42(1)(2) of Act is impermissible - However, delayed compliance with satisfactory explanation about the delay will be acceptable compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Drugs and Cosmetics Act, 1940, Section 18 -- Manufactured drug - Dextropropoxyphene Hcl is a drug, which has been notified as a manufactured drug though with certain exception in terms of S.2(xi)(b) of NDPS Act and is also a drug in Schedule `H' of NDPS Rules - Contravention of these would be an offence u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Manufactured drugs - Small quantity or commercial quantity - Quantity relating to drugs is to apply to entire mixture or any solution or any one or more of narcotic drugs or psychotropic substances of that particular drug in dosage form etc. wherever existence of such substance is possible and not just its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Drugs and Cosmetics Act, 1940, Section 18 -- Offences under NDPS & D&C Act - Procedure provided for trial and prosecution of offences under NDPS Act would not in any manner be hit by Art.14 of Constitution - Besides, it is for the State to decide as to in which of the two enactments i.e NDPS Act or D&C Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Manufactured drug - Recovery of bulk quantity in respect of which there is a contravention or is recovered from an unauthorized person would be indicative of fact that it was not being used for medicinal or therapeutic purposes but as a drug to sedate or for intoxication or to give a sharp stimulating..........
